SENATE CONCURRENT RESOLUTION NO. 78

(By Senator Unger)


Requesting the Joint Committee on Government and Finance study new requirements regarding restoration of the Chesapeake Bay and impacts upon West Virginia communities.

Whereas, The Chesapeake Bay is a valuable natural resource
providing both recreational and economic opportunities to citizens living in and around the Chesapeake Bay basin; and
Whereas, The Chesapeake Bay has been identified by the United States Environmental Protection Agency as an impaired water due to excess nitrogen and phosphorous, commonly referred to as nutrients, entering the Bay from its various tributaries and resulting in depleted dissolved oxygen supplies and other factors which impact the overall health of the Chesapeake Bay; and
Whereas, West Virginia waters located in the Chesapeake Bay watershed contribute nutrients to the Chesapeake Bay; and
Whereas, West Virginia, Maryland, Virginia, Delaware, Pennsylvania, New York and the District of Columbia have agreed to reduce the amount of nutrients contributed to the Chesapeake Bay by sources located within their respective jurisdictions; and
Whereas, Publicly owned wastewater treatment facilities in the Chesapeake Bay watershed are required to prepare a plan of action for achieving loading limits for nutrients that will likely require reductions nutrient releases from their operations; and
Whereas, On a case by case basis, costs associated with wastewater treatment improvements necessary to lower overall nutrient loading to the Chesapeake Bay will likely result in substantial rate increases for an essential public service and deferral or cancellation of other critical infrastructure extensions and/or improvements; and
Whereas, Economic health and continued economic development and the extension of public services in the Chesapeake Bay watershed is essential to the future of communities in the watershed and the State of West Virginia; and
Whereas, West Virginia is committed to establishing a fair and equitable program to assist in funding necessary improvements to protect the Chesapeake Bay while also protecting the economic interests and vitality of the Chesapeake Bay watershed; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study new requirements regarding restoration of the Chesapeake Bay and impacts upon West Virginia communities; and, be it
Further Resolved, That the Joint Committee on Government and Finance review and recommend funding mechanisms to assist in off-setting the costs associated with the installation of enhanced nutrient removal technology by publicly owned wastewater treatment facilities; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2009, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.